Legal Opinion

Werner v. Padula

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1900PublishedCited by 17 opinions

Appeal by the defendants, Carmino Padula and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 10th day of November, 1899, upon the decision of the court rendered after a trial before the court without a jury at the New York Trial Term.

1Opinion of the Court

Rumsey, J.:

On the 18tli of April, 1899, the defendants leased to the plaintiff certain premises for one year from March 1, 1899, at the rent of $2,200 for the term, of which $1,200 was payable on the signing and delivery of the lease, $500 on the 15th of June, 1899, and $500 on the 5th of,July, 1899. On the day that the lease was made the plaintiff paid to the defendants the first installment under the lease. On the twenty-sixth of May the leased premises were totally destroyed by fire without any fault, carelessness or negligence on the part of the plaintiff or her agents. The lease…

2Cases cited4 opinions

  1. Gugel v. IsaacsAppellate Division of the Supreme Court of the State of New York · 1897
  2. Craig v. ButlerNew York Supreme Court · 1894
  3. Craig v. . ButlerNew York Court of Appeals · 1898
  4. Hecht v. HeerwagenNew York Court of Common Pleas · 1895

3Cited by17 opinions

  1. Harvey v. WeisbaumCalifornia Supreme Court · 1911
  2. Smith v. J. Weingarten, Inc.Court of Appeals of Texas · 1938
  3. Brunswick - Balke - Collender Co. v. WallaceAppellate Terms of the Supreme Court of New York · 1909
  4. Euclid Holding Co. v. Kermacoe Realty Co.New York City Court · 1928
  5. Coast Delicatessen Co. v. Cox's Baths, Inc.City of New York Municipal Court · 1941

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